JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



THIRTY-SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 21, 2002

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Father Christopher Hughes, followed by the Pledge of Allegiance led by House page Andrea Peterson.

     Roll Call: All members present except Rep. Jarvis Brown who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-first day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


February 21, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1219 and 1301, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     Rep. Bill Peterson moved that consideration of the executive veto of HB 1131 be deferred to Friday, February 22nd, the 33rd legislative day.

     Which motion prevailed and consideration of the executive veto of HB 1131 was so deferred.

     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1218 as found on page 750 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1218 be approved?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Brown (Jarvis); Hundstad; Klaudt; Speaker Eccarius

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1058, 1116, 1120, and 1296 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1087, 1137, and 1197 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 19, 57, 81, 89, 94, 108, 110, 141, 167, 180, and 184.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 12, 13, and 14 which have been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1025 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 14 and has appointed Sens. Brown, Munson, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SJR 5 and has appointed Sens. Bogue, Koskan, and Koetzle as a

committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 32.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1221.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Begalka moved that the House do concur in Senate amendments to HB 1059.

     The question being on Rep. Begalka's motion that the House do concur in Senate amendments to HB 1059.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Brown (Jarvis); Hundstad; Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Adelstein moved that the House do concur in Senate amendments to HB 1160.

     Rep. McCaulley moved as a substitute motion that the House do not concur in Senate amendments to HB 1160 and that no committee be appointed.

    Rep. Mel Olson moved the previous question.

    Which motion prevailed.

     The question being on Rep. McCaulley's substitute motion that the House do not concur in Senate amendments to HB 1160 and that no committee be appointed.

     And the roll being called:

     Yeas 43, Nays 25, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Broderick; Davis; Duenwald; Elliott; Frost; Garnos; Glenski; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Napoli; Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick

     Nays:
Abdallah; Adelstein; Brown (Richard); Burg; Clark; Derby; Duniphan; Flowers; Fryslie; Gillespie; Hanson (Gary); Hargens; Holbeck; Hunhoff; Konold; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Pitts; Richter; Van Norman; Speaker Eccarius

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and no committee was appointed.

     Rep. Murschel moved that the House do not concur in Senate amendments to HB 1220 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Murschel, Juhnke, and Gary Hanson.

     Rep. Bill Peterson moved that HB 1302 be placed to follow HB 1295 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1303.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1303.

     And the roll being called:

     Yeas 51, Nays 17, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Konold; Kooistra; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Elliott; Glenski; Hanson (Gary); Hargens; Hennies (Don); Kloucek; Koistinen; Lange; Lintz; Nachtigal; Napoli; Rhoden; Sigdestad; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     HCR 1028:   A CONCURRENT RESOLUTION,   Urging awareness and support for reading programs in our homes and communities.

     Rep. Elliott moved that HCR 1028 as found on page 722 of the House Journal be adopted.

     The question being on Rep. Elliott's motion that HCR 1028 be adopted.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1028 was adopted.

     HCR 1029:   A CONCURRENT RESOLUTION,   Expressing the support of the Legislature for the South Dakota Math, Science, and Technology Council.

     Rep. Smidt moved that HCR 1029 as found on page 751 of the House Journal be adopted.

     The question being on Rep. Smidt's motion that HCR 1029 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1029 was adopted.

     Rep. Broderick moved that the House do concur in Senate amendments to HB 1078.

     The question being on Rep. Broderick's motion that the House do concur in Senate amendments to HB 1078.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Hundstad; McCaulley

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Mel Olson moved that the House do not concur in Senate amendments to HB 1136 and that no committee be appointed.

     Rep. Bill Peterson moved as a substitute motion that the House do concur in Senate amendments to HB 1136.

     The question being on Rep. Bill Peterson's substitute motion that the House do concur in Senate amendments to HB 1136.

     And the roll being called:

     Yeas 46, Nays 20, Excused 2, Absent 2

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     Absent:
Derby; Konold

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Van Etten moved that the House do concur in Senate amendments to HB 1164.

     The question being on Rep. Van Etten's motion that the House do concur in Senate amendments to HB 1164.

     And the roll being called:

     Yeas 59, Nays 8, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Davis; Elliott; Hanson (Gary); Nesselhuf; Valandra; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     Absent:
Konold

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Duniphan moved that the House do not concur in Senate amendments to HB 1273 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Duniphan, Napoli, and Nachtigal.

     Rep. Thomas Hennies moved that the House do concur in Senate amendments to HB 1113.

     Rep. Napoli moved as a substitute motion that the House do not concur in Senate amendments to HB 1113 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    A roll call vote was requested and supported.

     The question being on Rep. Napoli's substitute motion that the House do not concur in Senate amendments to HB 1113 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     And the roll being called:

     Yeas 33, Nays 34, Excused 2, Absent 1

     Yeas:
Abdallah; Begalka; Broderick; Duenwald; Duniphan; Frost; Fryslie; Hansen (Tom); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Kooistra; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Peterson (Bill); Pummel; Rhoden; Richter; Sebert; Smidt; Solum; Teupel; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Adelstein; Bartling; Bradford; Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hunhoff; Kloucek; Lange; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Sigdestad; Slaughter; Sutton (Duane); Valandra; Van Etten; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     Absent:
Konold

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being on Rep. Thomas Hennies' motion that the House do concur in Senate amendments to HB 1113.

     And the roll being called:

     Yeas 39, Nays 29, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hunhoff; Kloucek; Koistinen; Kooistra; Lange; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sigdestad; Slaughter; Valandra; Van Etten; Van Norman

     Nays:
Abdallah; Duenwald; Duniphan; Frost; Fryslie; Hansen (Tom); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Rhoden; Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Frost moved that the House do concur in Senate amendments to HB 1240.

     The question being on Rep. Frost's motion that the House do concur in Senate amendments to HB 1240.

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Napoli

     Excused:
Adelstein; Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Konold moved that the House do concur in Senate amendments to HB 1294.

     Rep. Glenski moved as a substitute motion that the House do not concur in Senate amendments to HB 1294 and that no committee be appointed.

     The question being on Rep. Glenski's substitute motion that the House do not concur in Senate amendments to HB 1294 and that no committee be appointed.

     And the roll being called:

     Yeas 19, Nays 48, Excused 2, Absent 1

     Yeas:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Van Norman

     Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Hundstad


     Absent:
Valandra

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     The question being on Rep. Konold's motion that the House do concur in Senate amendments to HB 1294.

     And the roll being called:

     Yeas 47, Nays 20, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Kloucek; Lange; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     Absent:
Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Kloucek announced his intention to reconsider the vote by which HB 1294 was passed.

     Rep. Bill Peterson moved that the House do not concur in Senate amendments to HB 1168 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Bill Peterson, Eccarius, and Mel Olson.


      Rep. Bill Peterson moved that HB 1237 be placed to follow HB 1302 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Hunhoff moved that the House do concur in Senate amendments to HB 1258.

     The question being on Rep. Hunhoff's motion that the House do concur in Senate amendments to HB 1258.

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Nesselhuf

     Excused:
Brown (Jarvis); Hundstad; Richter; Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1279.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1279.

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Flowers; Hanson (Gary); Nachtigal; Sigdestad; Valandra

     Excused:
Brown (Jarvis); Hundstad; Richter; Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Duenwald moved that the House do concur in Senate amendments to HB 1295.

     The question being on Rep. Duenwald's motion that the House do concur in Senate amendments to HB 1295.

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick

     Nays:
Kloucek; Van Norman

     Excused:
Brown (Jarvis); Hundstad; Speaker Eccarius

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Bill Peterson moved that the House do now recess until 3:30 p.m., which motion prevailed and at 2:55 p.m., the House recessed.

RECESS


     The House reconvened at 3:30 p.m., the Speaker now presiding.


MOTIONS AND RESOLUTIONS
(Continued)

     
    Rep. Michels moved that the House do concur in Senate amendments to HB 1302.

     Rep. Kooistra moved as a substitute motion that the House do not concur in Senate amendments to HB 1302 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion lost.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1302.

     And the roll being called:

     Yeas 63, Nays 4, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Bradford; Kooistra; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     Absent:
Richter


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     SCR 12:   A CONCURRENT RESOLUTION,   Encouraging South Dakota's delegation in the United States Congress to oppose any increase in the Corporate Average Field Economy standards.

     Was read the first time and the Speaker waived the committee referral.

     SCR 13:   A CONCURRENT RESOLUTION,   Urging the United States Congress to pass, and the President of the United States to sign, legislation that completely bans human cloning.

     Was read the first time and the Speaker waived the committee referral.

     SCR 14:   A CONCURRENT RESOLUTION,   Urging the federal government to address sedimentation problems in the Missouri River Main Stem Reservoir System.

     Was read the first time and the Speaker waived the committee referral.

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Friday, February 22nd, the 33rd legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on HB 1283 and has appointed Sens. Bogue, Daugaard, and Koetzle as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1027 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary
     The Speaker appointed Reps. Pitts, McCaulley, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SJR 5.

     The Speaker appointed Reps. Broderick, Smidt, and Valandra as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 14.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Hargens moved that the report of the Conference Committee on HB 1221 as found on page 715 of the House Journal be adopted.

     The question being on Rep. Hargens' motion that the report of the Conference Committee on HB 1221 be adopted.

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

     Speaker Pro tempore Michels now presiding.

     Rep. Eccarius moved that the House do not adopt the report of the Conference Committee on HB 1283 and that a new committee on the part of the House be appointed.


     Which motion prevailed and the Speaker reappointed as such committee Reps. Eccarius, Michels, and Mel Olson.

     Speaker Eccarius now presiding.

     Rep. Broderick moved that the report of the Conference Committee on SB 32 as found on page 771 of the House Journal be adopted.

     The question being on Rep. Broderick's motion that the report of the Conference Committee on SB 32 be adopted.

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Clark; Nesselhuf; Smidt; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the report was adopted.

     There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

(Continued)

      Rep. Richter moved that the House do concur in Senate amendments to HB 1237.

     The question being on Rep. Richter's motion that the House do concur in Senate amendments to HB 1237.

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Duniphan; McCoy

     Excused:
Brown (Jarvis); Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 182:   FOR AN ACT ENTITLED, An Act to   revise the procedures for opting out of the property tax freeze.

     Having had its second reading was up for consideration and final passage.

182og
     Rep. Bill Peterson moved that SB 182 be amended as follows:

     On the House State Affairs Committee engrossed bill, delete all House amendments, thus restoring the bill to the Senate engrossed version.

     On page 1 , line 9 of the Senate engrossed bill, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

     On page 1 , line 10, delete everything after " applied. " .

     On page 1 , delete lines 11 and 12 .

     On page 3 , delete lines 3 to 12 , inclusive.
     On page 3 , line 17, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

     On page 3 , line 19, delete everything after " applied. " .

     On page 3 , delete line 20 .

     On page 5 , delete lines 4 to 13 , inclusive.

     Which motion prevailed and SB 182 was so amended.

     The question being "Shall SB 182 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent 0

     Yeas:
Adelstein; Begalka; Broderick; Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Frost; Garnos; Gillespie; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Slaughter; Smidt; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Bradford; Burg; Elliott; Flowers; Fryslie; Glenski; Hanson (Gary); Hargens; Konold; Lange; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sebert; Sigdestad; Solum; Valandra; Van Norman

     Excused:
Brown (Jarvis); Hundstad

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Rep. Bill Peterson moved that the House do now recess until 4:45 p.m., which motion prevailed and at 4:11 p.m., the House recessed.

RECESS


     The House reconvened at 4:45 p.m., the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 7.


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Albers, McCracken, and McIntyre as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1160.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Bogue, and Hagen as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1168.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Ham, Ed Olson, and Reedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1273.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, de Hueck, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1220.


Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of deferring final consideration of SB 133 to Friday, February 22nd, the 33rd legislative day.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of deferring final consideration of SB 133 to Friday, February 22nd, the 33rd legislative day.

     And the roll being called:

     Yeas 64, Nays 3, Excused 1, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Nachtigal; Valandra; Van Norman

     Excused:
Brown (Jarvis)

     Absent:
Fryslie; Teupel

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried.

     Today, Rep. Kloucek announced his intention to reconsider the vote by which HB 1294 was passed.

     No member moved to reconsider the vote by which HB 1294 was passed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1031, 1034, 1058, 1059, 1078, 1113, 1116, 1120, 1136, 1164, 1195, 1198, 1221, 1237, 1240, 1258, 1279, 1291, 1295, 1296, 1302, and 1303 and HJR 1009 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1031: FOR AN ACT ENTITLED, An Act to  permit the use of electronic signatures to authorize employee payroll deductions.

     HB 1034: FOR AN ACT ENTITLED, An Act to  reduce the legal blood alcohol limits for motor vehicle drivers and boat operators.

     HB 1058: FOR AN ACT ENTITLED, An Act to  appropriate money to the Edgemont school district.

     HB 1059: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning property classifications and assessment appeals.

     HB 1078: FOR AN ACT ENTITLED, An Act to  revise certain bond and insurance requirements for trust companies.

     HB 1113: FOR AN ACT ENTITLED, An Act to  require the Department of Corrections to seek membership in the Performance-based Standards Project.

     HB 1116: FOR AN ACT ENTITLED, An Act to  prohibit a person from being on the general election ballot for President or vice-president and another office.

     HB 1120: FOR AN ACT ENTITLED, An Act to  appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund.

     HB 1136: FOR AN ACT ENTITLED, An Act to  clarify the approval authority for local accounts of the state treasurer and state auditor.

     HB 1164: FOR AN ACT ENTITLED, An Act to  abrogate the loss of chance doctrine as set forth in Jorgenson v. Vener.

     HB 1195: FOR AN ACT ENTITLED, An Act to  increase the amount transferred to the budget reserve fund.

     HB 1198: FOR AN ACT ENTITLED, An Act to  provide for a maximum amount in the property tax reduction fund.

     HB 1221: FOR AN ACT ENTITLED, An Act to  revise the date for filing certain certificates of nomination.

     HB 1237: FOR AN ACT ENTITLED, An Act to  amend the General Appropriations Act for fiscal year 2002.

     HB 1240: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

     HB 1258: FOR AN ACT ENTITLED, An Act to  establish a tuition reimbursement program for nurses.

     HB 1279: FOR AN ACT ENTITLED, An Act to  establish the South Dakota Municipal Facilities Authority, to provide for the establishment of one or more special purpose corporations by the South Dakota Municipal Facilities Authority, to establish the powers of the South Dakota Municipal Facilities Authority and each such corporation, including the power to acquire, own, lease, sublease and dispose of certain land, improvements and capital equipment comprising all or a portion of any municipal facilities, including any system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers and liabilities of the state, the Department of Environment and Natural Resources, the Board of Water and Natural Resources, the South Dakota Conservancy District and municipalities and other public entities of the state in connection therewith.

     HB 1291: FOR AN ACT ENTITLED, An Act to  revise the requirements for obtaining a specialty license plate organizational decal.

     HB 1295: FOR AN ACT ENTITLED, An Act to  provide for the voters' consideration of a proposed constitutional amendment to Article XVII in June 2002, to make an appropriation therefor, and to declare an emergency.

     HB 1296: FOR AN ACT ENTITLED, An Act to  amend the General Appropriations Act for fiscal year 2002.

     HB 1302: FOR AN ACT ENTITLED, An Act to  provide for the establishment of standard guidelines to be used regarding child custody and visitation.

     HB 1303: FOR AN ACT ENTITLED, An Act to  revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack.

     HJR 1009: A JOINT RESOLUTION, Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

     SB 5: FOR AN ACT ENTITLED, An Act to  establish a program for teacher mentors.

     SB 19: FOR AN ACT ENTITLED, An Act to  create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.

     SB 35: FOR AN ACT ENTITLED, An Act to  revise the proration of ethanol payments to ethanol producers.

     SB 36: FOR AN ACT ENTITLED, An Act to  impose a sales and use tax on mobile telecommunications services and to implement the federal uniform and simplified sourcing rules for mobile telecommunications services.

     SB 57: FOR AN ACT ENTITLED, An Act to  allow school boards to initiate an election to change the size of the school board and to declare an emergency.

     SB 58: FOR AN ACT ENTITLED, An Act to  establish a nursing workforce center under the direction of the Board of Nursing and to provide funding through a fee assessed upon nursing license renewal.

     SB 81: FOR AN ACT ENTITLED, An Act to  limit the Department of Labor's authority to recommend settlements in labor disputes.

     SB 87: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to open enrollment.

     SB 89: FOR AN ACT ENTITLED, An Act to  allow school boards to initiate a vote relating to the imposition of an excess tax levy and to declare an emergency.

     SB 90: FOR AN ACT ENTITLED, An Act to  appropriate money for the Northern Crops Institute.

     SB 94: FOR AN ACT ENTITLED, An Act to  permit the posting or display of the United States flag, giving the pledge of allegiance, and singing the national anthem.

     SB 108: FOR AN ACT ENTITLED, An Act to  require the acceptance of certain uniform life insurance and annuity request forms and to revise certain provisions regarding the required disclosure provisions in health insurance policies.

     SB 109: FOR AN ACT ENTITLED, An Act to  exempt certain insurers and intermediaries from mortgage lending licensing.

     SB 110: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of vehicle dealers.

     SB 111: FOR AN ACT ENTITLED, An Act to  revise per diem for certain legislative committees and to declare an emergency.

     SB 113: FOR AN ACT ENTITLED, An Act to  provide for the state to transfer its reversionary interest in certain real estate in Lake County, commonly known as Camp Lakodia.

     SB 130: FOR AN ACT ENTITLED, An Act to  provide for the implementation of certain prairie dog management plans or activities with legislative approval.

     SB 134: FOR AN ACT ENTITLED, An Act to  revise the authority of the South Dakota Student Loan Corporation and the South Dakota Housing Development Authority regarding private activity bonds.


     SB 136: FOR AN ACT ENTITLED, An Act to  allow state chartered banks to expand their investment options to include certain annuities.

     SB 141: FOR AN ACT ENTITLED, An Act to  authorize total return unitrusts.

     SB 144: FOR AN ACT ENTITLED, An Act to  provide certain financial and employment protections to members of the South Dakota National Guard.

     SB 156: FOR AN ACT ENTITLED, An Act to  provide for the revision of the South Dakota Family Farm Act of 1974 to conform with a proposed amendment to the South Dakota Constitution regulating corporate farming in South Dakota.

     SB 157: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning who may hold a light wine license.

     SB 158: FOR AN ACT ENTITLED, An Act to  clarify the calculation of state aid to education to certain school districts.

     SB 165: FOR AN ACT ENTITLED, An Act to  require school systems to allow military recruiters access to students and school facilities.

     SB 167: FOR AN ACT ENTITLED, An Act to  revise the contractor's excise tax provisions for a commercial power production facility.

     SB 168: FOR AN ACT ENTITLED, An Act to  permit certain nonprofits to have a temporary on-sale license.

     SB 180: FOR AN ACT ENTITLED, An Act to  regulate unsolicited electronic commerce.

     SB 184: FOR AN ACT ENTITLED, An Act to  protect the children of South Dakota against sexual exploitation by criminalizing certain conduct involving children and the internet, to provide for civil remedies, to require certain people to report suspected violations, and to revise certain provisions regarding the unlawful use of computers.

     SB 185: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

     SB 186: FOR AN ACT ENTITLED, An Act to  appropriate funds from the water and environment fund and the environment and natural resources fee fund and to declare an emergency.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1021   Introduced by:  Representative Peterson (Bill) and Senator Everist

         A LEGISLATIVE COMMEMORATION,  Honoring and congratulating Opal Peterson on her ninety-first birthday.

     WHEREAS,  Opal Irene Johnson was born on March 11, 1911, the daughter of Carl and Ida Johnson of Fairview, South Dakota, and she married William Henry Peterson in 1933; and

     WHEREAS,  She partnered with her husband and ran The Tip Top Café in Vermillion, South Dakota, for many years. She also spent many years as the cook at The Kappa Alpha Theta Sorority, Chi Omega Sorority, and Sigma Nu Fraternity at the University of South Dakota; and

     WHEREAS,  She is the proud mother of Bill Peterson and grandmother of Lucas and Robert Peterson. Those who have had the privilege of knowing her personally are always struck by her work ethic, feisty nature, and love for life:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Opal Peterson be congratulated on the occasion of her ninety- first birthday and recognized for a distinguished lifetime of service to her family and South Dakota.

     HC 1022   Introduced by:  Representatives Van Norman, Bradford, Jensen, Lintz, Rhoden, and Valandra

         A LEGISLATIVE COMMEMORATION,  Honoring an outstanding rodeo cowboy and distinguished South Dakotan, Tom Z. Reeves of Eagle Butte.

     WHEREAS,  Tom Reeves is the reigning PRCA World Champion Saddle Bronc Rider, accomplishing that feat in the same year in which he qualified for the National Finals Rodeo for a record-breaking seventeenth consecutive season; and

     WHEREAS,  the respect in which Tom is held by his peers in professional rodeo is shown in the fact that he was selected to be the captain of Team USA in the Olympic Command Performance Rodeo at the Winter Olympic Games in Utah; and

     WHEREAS,  Tom led Team USA to victory in that competition while adding to his personal laurels by winning the silver medal in the saddle bronc riding; and

     WHEREAS,  Tom continuously exemplifies the qualities of a champion outside the rodeo arena through his support of youth, community, and charitable activities, especially with the Cheyenne River Sioux Tribe; and

     WHEREAS,  Tom's sterling character, dedication to excellence, modest demeanor, and concern for others reflect the best qualities of all South Dakotans:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the career and accomplishments of one of South Dakota's favorite native sons, Tom Reeves, be recognized and celebrated.

     HC 1023   Introduced by:  The Members of the Seventy-seventh Legislative Session

         A LEGISLATIVE COMMEMORATION,  Honoring the memory of Senator Harold W. Halverson and lamenting his untimely passing.

     WHEREAS,  Senator Harold W. Halverson's legislative colleagues and friends are deeply saddened by the untimely death of a true public servant and gentleman; and

     WHEREAS,  all South Dakotans, especially Senator Halverson's wife, Carol, and his children, Jim, Marilyn, Cindy, and John, friends, and constituents, will miss his exceptional character and will feel the loss of his dedicated community service and strong leadership; and

     WHEREAS,  Senator Halverson's record of public service as an active community member, State Representative, State Senator, Senate Minority Leader, and Senate President Pro tempore was as bright as the morning sun on the South Dakota prairie and refreshing as a spring rain:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature mourns the loss of a dear friend, respected colleague, and outstanding citizen, and extends its condolences to all of Senator Harold W. Halverson's family, friends, and constituents on this sorrowful occasion.

     HC 1024   Introduced by:  Representatives Brown (Richard), Abdallah, Davis, Glenski, Heineman, Hennies (Don), Holbeck, Jaspers, Kooistra, McCaulley, Murschel, Peterson (Bill), Richter, and Wick and Senators Cradduck, Daugaard, Everist, Koetzle, McIntyre, Munson, and Staggers

         A LEGISLATIVE COMMEMORATION,  Recognizing the contributions of the Sioux Falls John Morrell Plant to South Dakota's economic development efforts and the agriculture community.

     WHEREAS,  Smithfield Foods, Inc. operates the John Morrell processing facility in the city of Sioux Falls, and the plant is a significant contributor to the South Dakota economy, providing over three thousand jobs and supporting the state through numerous charitable opportunities; and

     WHEREAS,  continued viability of John Morrell is important to provide a market for livestock to area producers and the long-term economic health of Sioux Falls and the State of South Dakota:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the State of South Dakota supports the John Morrell processing

facility, recognizes its importance to our economic stability and future and encourages all interested parties to work together in a cooperative spirit to benefit the State of South Dakota today and for the future.

     HC 1025   Introduced by:  Representatives Gillespie and Broderick and Senator Albers

         A LEGISLATIVE COMMEMORATION,  Honoring Helen Nelson, Lincoln County Auditor.

     WHEREAS,  Helen Nelson began her employment at the courthouse in Lincoln County in 1962 and has held various positions within the Lincoln County Treasurer's Office, including Deputy Treasurer, and later began duties in the Lincoln County Auditor's Office; and

     WHEREAS,  Helen Nelson was elected Lincoln County Auditor in 1970 where she has continued to serve for the past thirty-two years. In her position as auditor, along with many other duties, Helen Nelson organizes elections in the county, maintains voter registration information, and is responsible for maintaining financial records of the county. She manages a staff of three with two full-time employees and one part-time employee; and

     WHEREAS,  in addition to her years of dedication as auditor in Lincoln County, Helen Nelson is the devoted mother of four children and is the proud grandmother of twelve grandchildren; and

     WHEREAS,  Helen Nelson has been an influential member of the community of Canton, South Dakota, and is involved in such groups as the Lincoln County Historical Society and the South Dakota Association of County Officials, where she served as president and served on several committees:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the South Dakota Legislature recognizes and commends Helen Nelson, Lincoln County Auditor, for her years of service to the people of Lincoln County.

     HC 1026   Introduced by:  Representative Gillespie and Senator Hagen

         A LEGISLATIVE COMMEMORATION,  Honoring the Sioux Code Talkers in recognition of their great contributions and service to their nation during World War II.

     WHEREAS,  during WW II our United States military sought a code to allow undecipherable secure communications by telephone and radio; and

     WHEREAS,  the Sioux language, with its extreme complexity, developed into a solution for an undecipherable code; and

     WHEREAS,  eleven American Indian Veterans from South Dakota answered the call of duty by our United States military to use their Indian languages of Dakota, Lakota, and Nakota Sioux as code language during WWII, namely: Edmund St. John of the Crow Creek Sioux Tribe, Phillip "Stoney" LaBlanc of the Cheyenne River Sioux Tribe, Baptiste Pumpkinseed of the

Oglala Sioux Tribe, Eddie Eagle Boy of the Cheyenne River Sioux Tribe, Guy Rondell of the Sisseton-Whapeton Sioux Tribe, John Bear King of the Standing Rock Sioux Tribe, Iver Crow Eagle, Sr., of the Rosebud Sioux Tribe, Walter C. John of the Santee Sioux Tribe, Simon Brokenleg of the Rosebud Sioux Tribe, Clarence Wolfguts of the Oglala Sioux Tribe, and Charles Whitepipe of the Rosebud Sioux Tribe; and

     WHEREAS,  the Sioux Code Talkers transmitted information on troop movements, tactics, orders, and crucial intelligence; and

     WHEREAS,  Sioux Code Talkers are credited for saving the lives of countless American and allied forces; and

     WHEREAS,  the Sioux Code Talkers operated under some of the heaviest combat, manned radio networks, worked around the clock, and were highly successful in communications operation; and

     WHEREAS,  these men preformed an important service to the preservation of democracy and deserve recognition which is long overdue:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the South Dakota Legislature recognizes the Sioux Code Talkers and their immeasurable contribution to their nation in a great time of need.

     HC 1027   Introduced by:  Representatives Gillespie and Broderick and Senator Albers

         A LEGISLATIVE COMMEMORATION,  Honoring Tom Winter, Lincoln County Highway Superintendent.

     WHEREAS,  Tom Winter has dedicated thirty-eight years to the highway system in Lincoln County, South Dakota; and

     WHEREAS,  Tom Winter began his career on the bridge crew and eventually held every employment position in the highway department to his current position as Superintendent, which he has held for nine years; and

     WHEREAS,  Tom Winter manages 323 miles of roads, 150 bridges, 14 employees, and 9 trucks with plows and sanders. Tom Winter has ensured the safe and high-quality condition of the roads in Lincoln County, even if it meant going to work at four o'clock in the morning during a complete white-out and blizzard conditions; and

     WHEREAS,  Tom Winter responded to citizen complaints appropriately and was always willing and eager to attend machinery workshops to apply advanced technology to the highway department; and

     WHEREAS,  in addition to his years of dedication to the highway system and the people of Lincoln County, he has been a devoted husband of 42 years to his wife, Fran, has raised five children, and is the proud grandfather of eleven grandchildren:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the State of South Dakota recognizes and commends Tom Winter for his dedication to his profession and his commitment to the people of Lincoln County.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 5:33 p.m. the House adjourned.

Karen Gerdes, Chief Clerk